ITC Ends Investigation Into Robotic Storage and Retrieval Systems, Finds No Violation
The International Trade Commission terminated an investigation into automated storage and retrieval systems (AS/RS) (ITC Inv. No. 337-TA-1228) that allegedly infringed on five patents held by AutoStore. The March 10 decision, which was filed March 15, found no violation of Section 337.
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The investigation followed AutoStore's October 2020 complaint alleging Ocado had purchased AutoStore’s AS/RS system for its own use, then copied its patented technologies with the help of engineering firm Tharsus and motor manufacturer Printed Motor Works, and began selling it worldwide as part of its Ocado Smart Platform (see 2011050021).
The commission decision followed, and largely affirmed, the Dec. 13, 2021, initial determination by ITC Administrative Law Judge Charles Bullock that found that while the accused products infringe on two of the patents, the patents are invalid for failure to comply with the written description requirement and the enablement requirement of 35 U.S.C 112. The ID also ruled another patent invalid as indefinite under 35 U.S.C 112, paragraph 2, because the claims at issue depended on other claims that the judge previously found indefinite in the July 22, 2021, Markman order.